In India, a report by the Vidhi Centre for Legal Policy exposes an alarming reality: criminal law extends to 7,305 actions, some as trivial as not walking your dog regularly, which could lead to fines or even jail time. This staggering finding comes amid a backdrop of over-criminalisation, where 370 of the 882 federal laws include criminal penalties, ranging from mundane missteps to serious crimes.
The report, titled "The State of the System: Understanding the Scale of Crime and Punishment in India," provides the first comprehensive analysis of the country's criminal laws. Its authors argue that there is an "excessive use of criminal law" in addressing routine actions, which reflects a broader societal issue. For instance, failing to secure a job resignation notice or tethering your goat on public streets can draw legal consequences.
Even bizarre crimes are stipulated in this extensive list—flying kites in distressful manners, negligence in a child's school attendance, or even applying for a drivers' license against a ban, all illustrate the reach of law. More tragically, roughly 80% of the listed crimes are accompanied by fines, although many penalties are seldom enforced, creating opportunities for misuse by authorities.
Punishments under these laws can be severe, with three out of four offences carrying potential jail time. For example, disturbing animals in zoos can lead to six months in prison or a sizable fine, while skipping a dog walk might net you three months behind bars. The report draws attention to the paradox of lighter sentences for violent public actions versus harsher consequences for non-compliance in mundane tasks.
The implications of this overreach are tangible—over 34 million applications are pending in courts, and overcrowded jails operate at 131% capacity. Additionally, India’s police face chronic workforce shortages, with only 154 officers for every 100,000 citizens, well below sanctioned levels.
Despite acknowledging the heavy reliance on criminalisation to enforce compliance, authorities intend to eliminate penalties from over 100 provisions, building on 180 already eliminated in 2023. This movement represents an opportunity to reconsider criminal law's role in everyday life, fostering a legal environment driven by trust rather than fear.
